Judge rejects defendants' statute of limitations argument at this stage of litigation

SEATTLE--(BUSINESS WIRE)-- In a decision impacting more than 50 lawsuits brought by thalidomide victims in the United States, U.S. District Judge Paul Diamond yesterday rejected several pharmaceutical companies' argument that the statute of limitations has passed, according to Hagens Berman Sobol Shapiro LLP.

Attorneys at Hagens Berman represent dozens of alleged thalidomide victims in the United States, who claim their mothers were given the birth defect-causing drug while pregnant in the late 1950s and early 1960s, causing serious injuries including missing limbs and deformed organs. They claim that until very recently, they had no idea that their injuries could have been caused by thalidomide. However, new scientific and historical evidence suggest that thalidomide could have caused their injuries, according to the lawsuits.

The suits, consolidated in U.S. District Court in Pennsylvania, allege that Grunenthal GMBH, the German drug company who invented thalidomide, in cooperation with American companies Smith, Kline and French, now GlaxoSmithKline (NYS: GSK) , and Merrell Richardson, now Sanofi-Aventis (NYS: SNY) , hid evidence of thalidomide distribution in the United States in the late 1950s, lying to Congress and creating a false historical narrative that the drug was blocked by the Food and Drug Administration (FDA).

Judge Diamond's decision clears the way for the more than 50 cases filed to move forward toward discovery, and ultimately trial.

Defendants argued that the statute of limitations prevented any claims, given that the alleged injuries occurred more than 50 years ago. However, the judge rejected the defense arguing that there is not sufficient evidence at this stage to dismiss the thalidomide victims' claims.

"We think the statute of limitations was the defendants' only chance of avoiding a full discovery process," said Steve Berman, managing partner of Hagens Berman and attorney for dozens of thalidomide victims. "Now, we can begin to dig into the companies' records and find out exactly what happened, and we are very confident those documents will confirm the allegations in our lawsuits."

The lawsuits claim that the defendants owe damages to American thalidomide victims who suffered birth defects when their mothers were given the drug. It claims that the defendants knew, or were negligent in not knowing, the potential risks associated with giving thalidomide to pregnant patients.

Hagens Berman invites Americans who believe they may have been exposed to thalidomide in utero to contact the firm by calling (206) 623-7292 or via email at Thalidomide@hbsslaw.com.

Seattle-based Hagens Berman Sobol Shapiro LLP represents plaintiffs in complex litigation. The firm has offices in nine cities around the country. Founded in 1993, HBSS continues to successfully fight for the rights of plaintiffs in large, complex litigation. More about the law firm and its successes can be found at www.hbsslaw.com. Visit the firm's class-action law blog at www.classactionlawtoday.com.